Policy: accommodation when receiving services from the Office of the Information Commissioner

Purpose

This policy governs the work of the Office of the Information Commissioner (OIC) to create and maintain an inclusive, barrier‑free environment for delivering services to individuals with needs related to one of the prohibited grounds of discrimination under the Canadian Human Rights Act.

Policy statement

The OIC upholds the human rights principles set out in the Accessible Canada Act and the Canadian Human Rights Act.

The OIC recognizes its duty to ensure that individuals with needs related to one of the prohibited grounds of discrimination under the Canadian Human Rights Act receive the accommodation they require to participate fully in processes related to the delivery of OIC services.

The OIC must provide accommodations to individuals with needs related to one of the prohibited grounds of discrimination under the Canadian Human Rights Act, up to the point of undue hardship, and subject to the principles of procedural fairness and natural justice.

Application

This policy applies to the following processes:

• submitting, processing and investigating complaints under the Access to Information Act
• enquiring about submitting, processing and investigating complaints
• receiving and processing applications from institutions for the Commissioner’s approval not to act on an access request under section 6.1
• enquiring about the processing of applications for the Commissioner’s approval not to act on an access request under section 6.1.

Definitions

Disability: an impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment—or a functional limitation—whether permanent, temporary or episodic in nature, or evident or not. (déficience)

Barrier: anything—including anything physical, architectural, technological or attitudinal, anything that is based on information or communications or anything that is the result of a policy or a practice—that hinders the full and equal participation in the OIC’s service delivery processes of persons with an impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment or a functional limitation. (obstacle)

Accommodation: a measure taken by the OIC to eliminate disadvantages resulting from barriers that have, or could have, an adverse effect on individuals with needs related to one of the prohibited grounds of discrimination under the Canadian Human Rights Act. (mesure d’adaptation)

Undue hardship: the limit, as set out in the Canadian Human Rights Act, of the OIC’s obligation to provide accommodation. The point of undue hardship is unique to each situation and should be assessed individually. Undue hardship occurs when all reasonable accommodation options have been exhausted, and the only options remaining are unreasonable or unrealistic. There is undue hardship when an accommodation would be far too expensive or would create a health and safety risk. (contrainte excessive)

Duty to provide accommodation

To fulfill its duty to provide accommodation, the OIC must take steps during the above-noted processes to eliminate barriers that have, or could have, an adverse effect on individuals with needs related to one of the prohibited grounds of discrimination under the Canadian Human Rights Act:

• race
• national or ethnic origin
• colour
• religion
• age
• sex (including pregnancy)
• sexual orientation
• gender identity or expression
• marital status
• family status
• genetic characteristics
• disability
• conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

Examples of accommodations

• Using a larger font than normal for letters and other documents
• Preparing documents in a specific format
• Communicating by mail, telephone, email or video call, as appropriate
• Offering flexibility in the scheduling and duration of in-person, telephone and other interactions

Requesting accommodation

Individuals with needs related to one of the prohibited grounds of discrimination under the Canadian Human Rights Act who require accommodation may ask for accommodation at any time, following the procedure below. The sooner the OIC knows about an individual’s need for accommodation, the sooner it can take action.

Individuals requesting accommodation must describe the nature and scope of their functional limitations or the barriers they face so the OIC can understand how the limitations or barriers affect their ability to participate fully in the OIC’s processes. Information about health status is not required.

Individuals may also suggest the type of accommodation the OIC could provide and describe accommodations they use or have used.

In some cases, the OIC may require documents (e.g. a doctor’s note) in order to better understand individuals’ limitations and put in place appropriate accommodation.

Reviewing requests for accommodation

Based on the information individuals provide, the OIC determines whether requests for accommodation are justified. The OIC then works with individuals to determine the appropriate accommodation to allow them to participate fully in the above-noted processes.

The OIC carefully considers individuals’ suggestions for the appropriate accommodation but may select another.

Privacy and confidentiality

The OIC protects the privacy and confidentiality of information related to requesting and providing accommodation. The OIC uses this information for the purposes of providing accommodation only.

Procedure

1. Notification

Individuals requiring accommodation notify the OIC using the contact method suitable to the circumstances:

2. Request for accommodation

Individuals submit their request for accommodation—including all the required information outlined under Requesting accommodation—as per the chart above.

3. OIC review

The OIC reviews requests for accommodation as soon as possible after receiving them. More complex accommodation may require consultation with third parties.

4. Implementation

The OIC works with individuals to implement the chosen accommodation.

5. Notification when needs change

Individuals notify the OIC when their needs change so the OIC can implement the necessary accommodation as quickly as possible.